EB5

EB-5 Rural Area Designations

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I’m interested in purchasing a business in the US in order to qualify as an immigrant investor through the EB5 program. I want to invest the least amount possible which I understand is $500k. This requires a business to be in a rural area. What exactly qualifies as a rural area?

These qualifying areas are determined by the US Census and locations can be found through their web site here: http://quickfacts.census.gov/qfd/states/00000.html

EB5 Investment Based Green Card

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How long does it take to get a green card through the EB5 program? As long as I make the required investment, the visa is guaranteed, right? I also read that the EB5 program will end soon, is that true?

Current processing times are about 4-6 months for both Form I-526 and Form I-829. According to USCIS figures, there were 692 EB5 cases filed from October 2008 through May 2009 and 608 were approved so your chances are good but not guaranteed. There are many factors which can lead to a denial so you must be sure to prepare your application very thoroughly. The EB5 program is scheduled to sunset in September but it is widely expected that the program will be extended but because applications are taking 4-6 months to get approved.

Visa Bulletin Outlook for 2009/2010

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The Department of State Visa Office has made several predictions regarding the movement of priority dates for the remainder of 2009 and beyond.  These predictions include the following:

  1. Regarding the EB1 category, all countries are expected to remain current for 2009 but this is expected to change in 2010 for India and possible China due to high demand
  2. Regarding the EB2 category, retrogression for India and China is expected to worsen for India and China.  Both countries are expected to become unavailable in August or September 2009.
  3. Regarding the EB3 category, EB3 wordwide and for China, India, Mexico and Philippines are expected to reamin unavailable for the remainder of the fiscal year.  In October, it is likely the priority dates will be March 1, 2003 for EB3 worldwide, China will be March 1, 2003, India will be November 1, 2001 and Mexico will be March 1, 2003.
  4. Regarding the EB4 category, it is expected to be current for the remainder of the fiscal year but a cut off date will likely be established in FY2010.
  5. Finally, for the EB5 category, it is expected to remain current for the foreseeable future though there is higher demand in this category.